{"id":"alj-H205509-2023-06-13","awcc_number":"H205509","decision_date":"2023-06-13","opinion_type":"alj","claimant_name":"Michelle Brazeal","employer_name":"Mighty Crab","title":"BRAZEAL VS. MIGHTY CRAB AWCC# H205509 JUNE 13, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1","denied:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BRAZEAL_MICHELLE_H205509_20230613.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRAZEAL_MICHELLE_H205509_20230613.pdf","text_length":2547,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H205509 \n \nMICHELLE BRAZEAL, Employee     CLAIMANT \n \nMIGHTY CRAB, Employer      RESPONDENT \n \nAMTRUST NORTH AMERICA, Carrier/TPA        RESPONDENT \n \n \n OPINION FILED JUNE 13, 2023  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by WILLIAM C. FRYE, Attorney at Law, North Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn August 3, 2022, the claimant filed an AR-C requesting various compensation benefits \nin which she alleged an injury to her head. The claim was denied in its entirety. On August 31, \n2022,  the  claimant  submitted  a  hearing  request  to  the  Legal  Advisor  Division  of  the  Arkansas \nWorkers’  Compensation  Commission;  however,  there  has  been  no  further  communication  or \naction taken by the claimant.  \n On March 13, 2023, the respondents filed a Motion to Dismiss requesting that this claim \nbe  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for  June  1,  2023.  Notice  of  that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  April  25,  2023. \nUnited States Postal Department records indicate that claimant received and signed for the notice \n\nBrazeal – H205509 \n \n-2- \non April 27, 2023. Despite having received notice of the scheduled hearing, the claimant failed to \nappear at the hearing and has failed to respond to the motion in any form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H205509 MICHELLE BRAZEAL, Employee CLAIMANT MIGHTY CRAB, Employer RESPONDENT AMTRUST NORTH AMERICA, Carrier/TPA RESPONDENT OPINION FILED JUNE 13, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Claim...","fetched_at":"2026-05-19T23:06:23.467Z","links":{"html":"/opinions/alj-H205509-2023-06-13","pdf":"https://labor.arkansas.gov/wp-content/uploads//BRAZEAL_MICHELLE_H205509_20230613.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}